General Terms and Conditions of Use

Terms of use

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

1. belongs to another person and which you do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
3. is misleading or misrepresentative in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. harasses or advocates harassment of another person;
6. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
7. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
8. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
10. contains video, photographs, or images of another person (with a minor or an adult);
11. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
12. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
13. interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
14. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
15. harm minors in any way;
16. infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
17. violates any law for the time being in force;
18. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
19. impersonate another person;
20. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
21. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
22. is false, inaccurate or misleading;
23. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
24. Creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

Account Registration

1. You can create your account by registering at our platform.
2. You represent that you are entitled to disclose your Account login information to us and/or grant us access to your Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Account and without obligating us to pay any fees or making us subject to any usage limitations.
3. We will create your Kalinga Fresh Account for your use of the Platform services based upon the personal information you provide to us. You may only have one Kalinga Fresh Account and not permitted to create multiple accounts. If found, you having multiple accounts, we reserve right to suspend such multiple account without being liable for any compensation.
4. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
5. We reserve the right to suspend or terminate your Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
6. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
7. Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

Online Bookings

1. The Platform allows you to book all products listed and available on our website
2. The Delivery Timings shall be 3:00 PM to 8:00 PM. Time may vary depending upon unforeseen situations such as bad weather, administrative interference, legal subjugations and or any other force majure
3. All orders booked till 7:00 AM in the morning will be delivered same day in the second half between 3:00 PM to 9:00. In the event you are unavailable at the time of delivery, Kindly intimate Kalinga fresh via WhatsApp or info@kalingafresh.com after booking the order
4. Our call based ordering System shall be available between the period of 9:30 A.M. till 6:30 P.M. during which customers can call and order.
5. We will intimidate your delivery beforehand and our Delivery Executive shall coordinate accordingly with you.
6. The Area of operation until notified shall be Bhubaneswar.
7. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
8. As a general rule, only such orders placed and paid against, on the Platform are treated as confirmed. In the event the user intends to use Cash On Delivery (or COD), they need to get in touch with a Kalinga fresh personnel and intimate the same. The company shall reserves all the right under such condition to deliver the order.
9. However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
10. In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed. Please note change or confirmation of the order shall be treated as final.
11. All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India.
12. You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing.
13. The prices reflected on the Platform are determined by market forces and are updated on a regular basis. Any claims being made against the change in prices will not be entertained.
14. Disclaimer: Prices on any product(s) as is reflected on the Platform may vary due to some technical issue, typographical error or product information may be incorrectly reflected and in such an event we may cancel such your order(s) or update the prices.

General terms of use

1. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy.
2. If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
3. By using the Platform you represent and warrant that:
   • All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
   • Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
   • You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
   • All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
   • You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
   • You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
   • You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
   • You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
   • You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
   • You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

Disclaimers

1. The platform may be under constant upgrades, and some functions and features may not be fully operational.
2. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
3. We have the right to update information at any time and all users agree to comply with it when using our platform.
4. We are not responsible for losses incurred while delivering products to you in case of any wrong or misleading information about you.
5. These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other policies and note the changes made on the Platform.

Intellectual Property

1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
2. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
5. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable